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DACA recipient and Kansas City father of 3 deported to Mexico despite valid documentation

A heartbreaking story unfolded last month when a 39-year-old DACA recipient and devoted father from Kansas City, Kansas, was unexpectedly deported after a trip to Mexico to visit his grandfather’s grave. Evenezer Cortez-Martinez, who has been living in the U.S. since he was brought here as a 4-year-old child, was detained at the Dallas Fort Worth International Airport on March 23 as he attempted to return home to his family.

Martinez had traveled to Mexico on March 20 and upon his return to the U.S., he was stopped by Customs and Border Patrol agents who informed him of a removal order filed in June 2024. Despite being a DACA recipient since 2014 and regularly renewing his permit every two years, Cortez-Martinez was swiftly deported to Mexico City, leaving his wife and three children behind in Kansas City.

His lawyer, Rekha Sharma-Crawford, revealed that her client was unaware of the removal order as he had obtained permission to travel outside of the U.S. through the Advance Parole process, which allows DACA recipients to temporarily leave the country and return without a visa. The sudden deportation has raised questions about the legality of the process, prompting a federal lawsuit to be filed against the U.S. Department of Homeland Security and CBP.

The lawsuit argues that Cortez-Martinez, as a DACA recipient with valid Advance Parole documents, should not have been barred from reentering the country without a formal removal hearing before an immigration judge. The CBP officer’s decision to deny his entry based on an alleged removal order issued in absentia in 2024 has been contested by legal experts.

Sharma-Crawford emphasized the unusual nature of Cortez-Martinez’s removal and advised other dreamers not to travel outside of the U.S. under the current administration due to uncertainties in immigration enforcement policies. Cortez-Martinez, now separated from his family, is staying with relatives in Mexico City while his legal team fights for his right to return to his life in Kansas City.

The DACA program, established in 2012 to protect unauthorized immigrants brought to the U.S. as children, has come under scrutiny in recent years. In January, a federal appeals court deemed DACA unlawful but allowed the policy to remain in place, offering a glimmer of hope for dreamers like Cortez-Martinez.

As the legal battle unfolds, Cortez-Martinez’s story serves as a reminder of the human cost of immigration policies and the importance of fighting for justice and compassion in our communities.

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